Exposure to toxic mold can cause a host of problems, including headaches, respiratory problems, memory loss, and even hypersensitivity pneumonitis. In many instances, the exposure occurs in the home. Your landlord has a responsibility to ensure your home is habitable. If he or she has failed to do this, there is a possibility that you can file a civil lawsuit against him or her.
Does Your State Have Mold Laws?
In some states, there are laws that allow tenants to take action against landlords when they are exposed to toxic mold in their rental homes or apartment. Some cities even have mold laws.
One of the misconceptions that many landlords believe is that they are not liable for toxic-mold exposure if they included a disclaimer in their leases. In fact, many leases have disclaimers that exempt the landlords from responsibility if there is mold and someone is sickened by it. However, a landlord could still be held responsible. Whether you can still act depends on the mold laws in your state. If you live in a state that lays the blame at the feet of the landlord and considers disclaimers invalid, you can file a lawsuit.
Is It Enough to Be Exposed?
Some tenants might believe that simply being exposed to the toxic mold is justification for taking legal action. However, this is not true. Toxic-mold cases tend to fall under personal injury law. As such, you not only have to prove that you were exposed to the mold, but you also have to show that you were injured by it.
In addition to that, you have to prove that the landlord is to blame. You can do this by providing documentation showing that you reported the mold. For instance, the receipt from a certified letter sent to the landlord and a copy of the letter can help. You should also provide pictures of the mold.
What Damages Can You Claim?
The damages you can claim depend on how the mold impacted you and your family. For instance, if anyone's health was impacted, you could provide medical records that prove how the mold was damaging.
You can even ask for compensation for any household furnishings you have that were damaged by the mold. For instance, if you had to replace your furniture, you need to provide pictures of the damage and the receipts for each item that was replaced. If you were forced to relocate due to the presence of the mold, include the related receipts.
To learn more, talk to professionals like Robert J. Ameen, Attorney at Law.
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